The next Olympic revolution could come from Germany. It promises to be an upheaval of the rules likely to deal a serious blow to the IOC, to its traditions, and by extension to its president, Thomas Bach... himself a German citizen.
The facts, first. On Wednesday February 27, 2019, the German antitrust agency, the Bundeskartellamt, delivered a verdict that could soon be described as historic in the Olympic movement. She decided to ease trade restrictions “ abusive » imposed on athletes during the Games.
In her verdict, she believes that the IOC and the German National Olympic Committee (DOSB) must be subject to local laws. Its decision directly targets rule 40 of the IOC charter, which prohibits athletes from using their name and image for advertising purposes during the Games period, winter and summer.
German athletes contested its legality. They have just won their case. The antitrust agency's decision now allows athletes to use terms such as " medal, gold, silver, bronze, Winter or Summer Games », on social networks. It also allows German athletes to use certain photos of themselves at the Games, including those where the Olympic symbols are not visible.
At this stage of history, the affair remains very national. It concerns Germany, only Germany. The IOC is not mistaken. One of its spokespersons clarified on Wednesday February 27: these new rules “ will be valid in Germany at least until the end of the 2026 Winter Olympics.”
The Olympic organization continues: “ By its decision, the German agency recognized that there were legitimate reasons to restrict the advertising possibilities of athletes in order to ensure the organization of the Olympic Games. At the same time, the application of Rule 40 at the national level must necessarily take into account all laws and regulations, as well as case law, in this case that of Germany. »
The IOC does not budge: in its eyes, rule 40 still constitutes “ a fundamental basis of the solidarity model of the Olympic Games”. It guarantees the participation of all countries and all sports in the event.
As a reminder, rule 40 of the Olympic charter states that “ Unless authorized by the IOC Executive Board, no competitor, coach or official participating in the Olympic Games may allow their person, name, photo or sporting performances to be used for advertising purposes during the Games. » The commercial exploitation of the Games is therefore reserved for the IOC and the organizing committee. Athletes, the main players in the event, are excluded. Rule 40 prohibits them from advertising for a period ranging from 9 days before the opening of the Games to 3 days after the closing.
The president of the German antitrust agency, Andreas Mundt, explained this in a press release: “ We are ensuring that the advertising opportunities for German athletes and their sponsors during the Olympic Games, significantly limited in the past by the IOC and DOSB, are now expanded. Although athletes are the key figures of the Olympic Games, they cannot benefit directly from the IOC's very high advertising revenues generated by official sponsors. »
German athletes are not the first to go to war against rule 40 of the Olympic charter. At the 2012 London Games, the American team campaigned against its restrictions using the hashtag “ wedemandchange ».
Dawn Harper, the silver medalist in the 100m hurdles, posted an image on her Twitter account of her face, her mouth gagged with tape marked “ Rule 40. »
The following ? At this stage of history, the danger remains remote. The German decision only concerns German athletes. But it would be surprising if this victory against the sacrosanct rule 40 did not give ideas to their colleagues in other countries. 18 months before the Tokyo 2020 Games, many could rush into the breach and in turn try to crack the Olympic charter. The Americans, in particular. To be continued.
